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Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....ash;For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and Arbitrator, Dacca in Arbitration Case No. ......pensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the L A. Collector is not fair and proper inasmuch as the case land is more valuable. 3. On being served with notice under section 7(aa) of 15-11-72 showing the final assessment of compensation the re...... section 7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Governme..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judg.......1 blamed each other Contention of the plaintiff is that defendant No.1 purposely put the date "4.6.70" instead of "4 6.72" on the Receipt, but at that time he (plaintiff) did not notice it properly. Contention of defendant No.1 is that these two documents along with another plai......nt and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for ma..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made wi......nt No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been ...... follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period begi..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....e-emptors, the learned District Judge held that the pre-emptors had no knowledge prior to 9.5.72 and accordingly the application having been filed on 13. 5. 72. "is well within the time from the date of knowledge of the petitioners about the transfer in question. Hence, I find that the applicat......Mohammad, Opposite parties 3-5 transferred their interest in favor of the pre-emptee on 25. 2. 71 by registered kabala for a consideration of Tk. 1000/-. The pre-emptee is stranger to the holding. No notice of the transfer was served upon the pre-emptors. The pre-emptee erected a hut, took possessio......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....i Alam, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte—Respondents No. 2-4. Civil Appeal No. 2 of 1977. (From the Judgment and Decree dated 23.1.1974 passed by the High Court Division in S.A. No.35 of 1973.) Judgment Debesh ......t the earlier record of rights showing the occupation of Faizuddin Haji as a purchaser rather than as a mortgagee to be incorrect will depend upon the evidence adduced in the case. 13. It may be noticed that at the date of the cause of action of the suit or at the time when the dispute arose be......charya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....ner.
Kazi Shafiuddin, Assistant Advocate General—For the Respondents.
Petition No. 78 of 1973.
Judgment
Badrul Haider Chowdury J.-This Rule is directed against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People&#......e sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net income was 84,986.98 Therefore, the excess assets of Rs. 1,88,428.02 was the subject matter and the 1st Screening Board noticed that it was disproportionate to the known source of income of the petitioner. The petitioner......ssed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the or..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....or the Appellant. M. A. Jalil—For the Respondents. Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration C...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......ge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 ac..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
..... B. Roy Chowdhury, Assistant Attorney General instructed by Abdur Rab-I, Advocate-on-Record—For the Respondent. Criminal Appeal No.7 of 1976. (On appeal from the judgment and order dated the 18th November, 1974 passed by the High Court in Criminal Revision No.1173 of 1974) J...... an application for revival of the case before the Magistrate who had passed the order of discharge- The Magistrate by an order on the same date allowed the prayer and revived the case without any notice to Abul Hossain Sana and fixed a date for hearing. Thereafter the revisional application pen......iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....Custodian of the Enemy Property the right of the plaintiff if any, or acquired, has ceased to exist with the change of ownership. This, in our view, cannot stand in law. It appears that by the notice dated 9.6.66 marked Ext. 2 issued by S.D.O. Maulvibazar, the pro-defdt. No. 3 the husband of the pla...... suit premises. The plff has no other house in the town or elsewhere where she can live with her husband and children. The plaintiff's husband also has no house of his elsewhere or in the town. A notice was issued on the signature of the S. D. O., Moulvibazar upon the plaintiff's husband Khi...... appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evic..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....overnment of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, and while he was serving in such capacity the petitioner received an order of suspension dated the 7th July, 1973 passed by the Chief Engineer, Building Directorate, Bangladesh Secretariat,......not be admissible to him. The petitioner did not move against the said order and continued to serve in the department. After about one year and six-months after his reinstatement, he again received a notice dated 11-6-75 from the Member-Secretary, Second Screening Board, forwarded to the petitioner ......ns of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. 351 of 1976 it has been stated, inter alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....clared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result respondent No. 2 filed an election pe....... 2 filed an application on 25th February, 1977 praying for injunction against the petitioner restraining him from taking charge of Union Parishad. The Election Tribunal on 25th February, 1977 issued notice upon the petitioner to show cause within seven days from the date of the receipt of the notic...... on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result respondent No. 2 filed an election petition before the Election Tribunal, Munsif, Second Court Hobigahj, alleging malpractices adopted by the peti..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......ed with the suit on behalf of certain other persons. Similarly non-compliance of the requirement of the statute also vitiated the suit. It is surprising to note that such a vital omission escaped the notice of the Courts below. The learned Munsif did not look into the plaint and Order-sheet while gr...... Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restrai..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....an Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subhan J.- This Rule obtained by the plaintiff-petitioner is from order No.38 dated 24-3-73 passed by the learned Subordinate Judge of the 2nd Court, Bakerganj in Miscellaneous C...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......de of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordinate Judge, 1st Court, Dacca. The plaintiff filed a suit for declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is v......he form of remedy given by the statute, so I think the company are bound here to follow the form given by this statute which creates the right.” 12. In the instant case, as we have already noticed that remedy has been provided under section 188 of the Customs Act and as such it ......discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 368(391). Lawyers Involved: ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... the Emergency Powers Rules, 1975 it is necessary and expedient to make an order for his detention.
NOW, THEREFORE, in exercise of the powers conferred on me in Govt. Order No. 131-MHA-Sec. (VI) dated 14th January, 1975, I do, hereby direct that the aforesaid person be detained in the Jessore C...... to such person from entering or residing or remaining in any area, and the compelling of such person to reside and remain in any area, or to do or abstain from doing anything.”
It will be noticed that in the original clause:
“of grounds appearing to such authorities be reasona......owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....- For the Respondents. S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate on Record - For the Respondents. Civil Appeal No. 49 of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) Judgm...... under section 107 of the Transfer of Property Act and section 17 of the Registration Act, (2) exhibit 1 being a simple deed of agreement for a monthly tenancy it could be terminated on a month's notice by either side (3) the defendant failed to show that the tenancy agreement was for ......t Division in First Appeal No.37 of 1975, dismissing the appeal against the judgment and decree of the Subordinate Judge, Third Court, Dacca in Title Suit No.123 of 1973 instituted by the respondents for evicting the appellant at a monthly tenant. 2. On December 4, 1973, the respondent filed t..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional Sessions Judge and Special Tribunal No.II. Comi......ase of Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177, and observed as follows; “Cognizance in my view, is merely the mental decision of the Magistrate to take judicial notice of a case. This view of what the law regards as taking cognizance is in accord with the ordin......he taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after in..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgment Fazle M......epings and out of 25 cases of cotton piece goods 8 pieces from one case was found missing. The appellant demanded compensation for goods damaged and loss but with no result. The appellant served notice on the respondent No.3, the Federation of Pakistan as it then was. On the expiry of the ......"S.S. FIR-DAUSA" belonging to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 19..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ed in this case is as to whether the plaintiffs had acquired any right, title and interest in the suit land as against contesting defendant No. 1 and 6 by adverse possession of the suit land from the date of the execution of the patta when evidently the contesting defendants were minors and their mo......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....tion and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. I...... instance of Abdul Hashim was not maintainable although the pre-emptor therein was found to be a co- sharer and also a tenant holding land contiguous to the land transferred. The Munsif held that the notice of Misc. case No. 4/69 was served on Abdul Hashim the opposite party No. 4 therein on 7.3.69 ......nbsp;of the State Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
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